Domestic Violence & Restraining Orders

www.ravreby.com Ravreby & Ratzer Family Law Attorney Jim Ratzer discusses Domestic Violence & Restraining Orders



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209A - a Four Letter Word? An Overview of Massachusetts Restraining Orders

209A, in fact, is a Four Letter Word in Massachusetts, and this is because the evil consequences would be a 209A order on the person against whom you issued. For those unaware, 209A is the common name for the Massachusetts species of domestic restraining orders, and it refers to the number of chapters of the Massachusetts General Laws entitled "Abuse Prevention" that governs the issue and describes the process and procedures for those contracts. The law's purpose was toPrevent that rising cases of domestic violence and violence give the victims of domestic well-needed tool in court to protect one using the.

Sounds good in theory. In fact, the much-needed tool is a weapon all too easy to use. Judges routinely ignore the narrow definition of abuse, as defined in the Act:

(A) attempting to cause or causing physical harm, (b) the transfer to another fear of imminent serious physicalto keep damage, (c) causing another to engage involuntarily in sexual relations by force, threat or coercion.

In addition, the law provides that these orders can only be granted where there is a blood relationship, marriage, dating, or co-habitation relationship. Ex spouse, ex-brides, Ex-Boyfriends / girlfriends are also included. The nomenclature straight, and for the purposes of this discussion: The applicant is the person who the court for the order, Defendant is the person against whom the orderissued.

All too often fabricated a vengeful ex-spouse or a seemingly benign incident greatly exaggerated in an attempt to get a 209A order issued in their favor. A state appointed victim witness advocate is appointed coach of the then essentially "victims" on what they say before the judge. "Fear" seems the magic word, and even if "note imminent serious physical harm (Please note that these are actually four separate elements) or not at all clear there, the orders areliberally granted yet.

The job itself has sixteen sub-parts, some mandates are and others are various prohibitions, and the judges, you can check the box next to the provisions which apply to review a particular order. Discussing all sixteen parts is best left for another day. The most common parts are:

Not to abuse, the plaintiff by the three cases of abuse are listed above.
Not to contact the applicant and keep a certain distance away from the plaintiff.E-mail contact. Send flowers to be contacted. All are injuries and crimes.
Let you stay and away from the residence of the claimant. It does not matter that the defendant resides or however, that the defendant has no other place to stay. Also does not matter if the defendant has the property or if the lease in the defendant's name alone.
Surrender all guns and licenses.

And of course, every order carries in large letters "violation of this order is aOffense is punishable by a fine or both. "

In this lawyer's opinion, the judges must be constantly reminded of the requirements of the law, and that things like a nuisance, excessive phone calls, e-mails or unannounced visits are generally not sufficient grounds for granting a 209A order, as unpleasant These measures can be. The "victims" can have a whole series of other criminal and civil recourse against the alleged offender, but to mend 209A orders someone triesLove life or to "calm things down" between ex-lovers are nothing less than blatant abuse of the law.

The extent to which one can order 209A is negative and almost ruin a person's life, at least with the way the law in Massachusetts is currently being handled is enough to accept as a true 209A Four Letter Word.

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Riverside Family Law Attorney - Restraining Orders

San Bernardino Family Law Divorce Attorney Bill Edgar goes on the different types of restraining orders, and what you can do to prevent further abuse or violence. TheLaw Office of H. William Edgar handles divorce, child custody and support of the marriage, support, property division and many other issues that arise from a dissolution of marriage. You can reach Mr. Edgar www.riversidefamilylawattorneys.com contact or by calling (866) 902-5290.



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Understanding Restraining Orders

Threatened Injunctions be imposed if a person feels through your words or actions, and tried, you have legally banned from any contact with them. You can either temporarily or long term and vary on the details of the contract depends on the Art

Types of Restraining Orders

- Domestic violence restraining order: This type of injunction can be for up to 3 weeks time, or will be made permanent for 1 to 3 years.

- EmergencyProtective Order: This type of injunction is issued by law enforcement officers and will remain valid for 5 days after the order is issued.

- Criminal Protective Order: Even a "No Contact" to this type of injunction is known, issued in active cases of domestic violence and used to separate the parties involved in domestic violence situations.

- Civil Harassment Restraining Order: This type of injunction is used toStop different types of harassment as annoying neighbors, roommates and other acquaintances.

Understand your rights

You must officially notify the injunction filed against you. In order to serve an injunction, you will need copies of the official communication had been delivered to you. This creates a form for you will be among the charges brought against you position taken by the person who originally tried to order you will be between 10 to 20 daysbefore the hearing to file your answer.

In the case law

If you receive a notice, you must be a hearing held in the whether the injunction is necessary to participate. After this kind of accusation lodged against you, can have a big impact on your life. An interim injunction has the ability to keep you informed about things and sometimes people you love, for fear of further legal difficulties. Restraining orders are enforced by law, and the violation of an injunctioncould lead to fines and jail time.

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